[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10784-10787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0467; Product Identifier 2020-NM-056-AD; Amendment 
39-21399; AD 2021-02-16]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 717-200 airplanes. This AD was prompted by a 
report that during takeoff, both the captain's and first officer's 
airspeed indications froze at 80 knots. This AD requires modifying the 
air data heat (ADH) system to display the proper airspeed indications, 
testing, and any applicable corrective actions. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0467.

Examining the AD Docket

    You may examine the AD docket on the internet at https://

[[Page 10785]]

www.regulations.gov by searching for and locating Docket No. FAA-2020-
0467; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, 
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; fax: 
562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 717-200 airplanes. The NPRM published in the Federal Register on 
June 19, 2020 (85 FR 37031). The NPRM was prompted by a report that 
during takeoff, both the captain's and first officer's airspeed 
indications froze at 80 knots. The NPRM proposed to require modifying 
the ADH system to display the proper airspeed indications, testing, and 
any applicable corrective actions.
    The FAA is issuing this AD to address pitot tubes blocked by ice, 
which could affect the airspeed indication provided to the flightcrew 
through the ADH system and result in loss of aircraft controllability.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Three commenters, The Air Line Pilots Association, International 
(ALPA), Boeing, and Patrick Imperatrice, indicated support for the 
NPRM.

Request To Withdraw the NPRM

    Hawaiian Airlines stated that existing crew procedures would 
produce the same result as the actions specified in the proposed AD and 
asserted that the proposed actions should remain optional. The 
commenter explained that with these existing crew procedures, operators 
should not be subjected to the requirements specified in the proposed 
AD. The commenter asserted that operators with strong crew cultures, 
processes, and procedures would mitigate the unsafe condition addressed 
by the NPRM without unnecessary and costly modification to the 
airplane. The commenter provided text from its existing crew procedures 
with recommended changes and asked that these procedures be considered 
as alternatives to the actions described in Boeing Alert Service 
Bulletin 717-30A0009, dated March 31, 2020 (which was identified as the 
appropriate source of service information for completing the actions 
specified in the NPRM). The FAA infers that the commenter is requesting 
that the NPRM be withdrawn.
    The FAA disagrees with the commenter's request. The FAA has 
determined that the crew procedures identified by the commenter do not 
adequately address the unsafe condition associated with the ADH system. 
The FAA's determination was based on a report from Boeing that three 
operators reported that the ADH is not operating correctly. The FAA 
notes that this AD requires modifying the ADH system to display the 
proper airspeed indications and testing to address the unsafe 
condition, while the commenter's proposal involves only procedural 
changes in lieu of a modification. However, operators may apply for an 
alternative method of compliance (AMOC) under the provisions of 
paragraph (i) of this AD, provided they can show that their proposed 
crew/operational procedures would adequately address the unsafe 
condition. The FAA has determined that it is necessary to proceed with 
issuing the final rule as proposed and has not changed this AD 
regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 717-30A0009, dated 
March 31, 2020. This service information describes procedures for 
modifying the ADH system by installing new wires between the station 
(STA) 110 relay panel and the left radio rack, and doing tests and 
applicable corrective actions until the tests are passed. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

Other Relevant Rulemaking

    Group 1 airplanes identified in Boeing Alert Service Bulletin 717-
30A0009, dated March 31, 2020, are identified as airplanes with a 
concurrent requirement: Boeing Alert Service Bulletin 717-30A0003. AD 
2007-13-01, Amendment 39-15105 (72 FR 33852, June 20, 2007) (AD 2007-
13-01) requires accomplishing the actions specified in Boeing Alert 
Service Bulletin 717-30A0003, Revision 2, dated November 28, 2006. AD 
2007-13-01 requires operators to accomplish the actions (changing the 
wiring for the air data sensor heating system) within 24 months after 
July 25, 2007 (the effective date of AD 2007-13-01). The FAA issued 
that AD to address the display of suspect or erratic airspeed 
indications during heavy rain conditions, which could reduce the 
ability of the flightcrew to maintain the safe flight and landing of 
the airplane. Since AD 2007-13-01 already requires the concurrent 
service information, the FAA has not included Boeing Alert Service 
Bulletin 717-30A0003, Revision 2, dated November 28, 2006, as a 
concurrent requirement in this AD.

Costs of Compliance

    The FAA estimates that this AD affects 113 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 10786]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification *........................  12 work-hours x $85 per           $4,863          $5,883        $664,779
                                         hour = $1,020.
----------------------------------------------------------------------------------------------------------------
* The modification costs include the costs for testing. The FAA has received no definitive data on the costs of
  the corrective actions necessary to pass the testing.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-02-16 The Boeing Company: Amendment 39-21399; Docket No. FAA-
2020-0467; Product Identifier 2020-NM-056-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Unsafe Condition

    This AD was prompted by a report that during takeoff, both the 
captain's and first officer's airspeed indicators froze at 80 knots. 
The FAA is issuing this AD to address pitot tubes blocked by ice, 
which could affect the airspeed indication provided to the 
flightcrew through the air data heat (ADH) system and result in loss 
of aircraft controllability.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 717-30A0009, dated March 31, 2020, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 717-30A0009, dated 
March 31, 2020.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 717-30A0009, dated March 31, 
2020, uses the phrase ``the original issue date of this service 
bulletin,'' this AD requires using ``the effective date of this 
AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (j) of this AD. Information may 
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    For more information about this AD, contact Eric Igama, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5388; fax: 562-627-5210; email: 
[email protected].

[[Page 10787]]

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 717-30A0009, dated March 31, 
2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03591 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P